Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.677/2014 of Alakode Police Station registered for the offence punishable under Section 376 of the Indian Penal Code.
3. The allegation against the petitioner is that 10 months prior to 14.9.2014, while the de-facto complainant was returning from the school after placing her children in the school, she was dragged by the petitioner into a nearby rubber estate and committed rape on her. It is alleged that on a subsequent date also, by intimidating her, he committed rape on her in an autorikshaw. The de-facto complainant became pregnant and delivered a child on 14.9.2014. The petitioner has been in custody for the period from 22.10.2014.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor and perused the C.D. No criminal antecedents have been reported against the petitioner. It seems that the investigation of the case is practically over. Continued detention of the petitioner in custody, is not required for the continued investigation of the case. Considering the facts and circumstances of the case, I am satisfied that the petitioner can be enlarged on bail.
5. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Sundays and Wednesdays, commencing from 16.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge